Divorce is never an easy process. More often than not, the process can end up taking more time, money and stress than either party expected. Our attorneys at Fennell, Briasco, & Associates understand that complicated emotions make complicated legal matters all the more daunting. But because our lawyers have handled hundreds of divorce cases, we know how to guide our clients through the process to reach a quick resolution.
Filing for Divorce?
Sometimes, both spouses can come to an amicable agreement and very few formalities will need to be completed before a divorce can be finalized. Other times, disagreements can result in heated proceedings that take a long time to sort through before a divorce settlement is agreed upon or ordered by the Court.
If you’re thinking of filing for divorce, one of the first things you must distinguish is if you will have a contested divorce or an uncontested divorce.
What is the difference between contested and uncontested divorce?
In Georgia, an uncontested divorce is a kind of separation where both partners have worked out the terms of their divorce and have come to an agreement as to all issues. This means they have agreed on the division of assets and debts, alimony, and, if applicable, child custody, parenting time, and child support.
With a contested divorce, usually the parties cannot come to an agreement on one or more of the items related to property division, custody, or another area related to the divorce. This will usually require the Court’s intervention.
How does an uncontested divorce work in Georgia?
During an uncontested divorce in Georgia, both spouses have to come to a complete agreement on the terms of their separation and a written agreement has to be drafted. Usually, an attorney will help draft this agreement. An attorney can only represent one party in the divorce and can only provide legal advice to the party they represent. However, the attorney can draft the documents that both parties will sign. The party without an attorney is deemed to represent themselves.
A divorce lawyer is helpful not only to help draft the agreement but also to make sure you follow legal requirements and directions of the court. Between citing grounds for divorce and making sure the case is filed in the correct court, it is imperative that the correct legal process is followed in order to have a complete and lawful divorce.
What is the role of a mediator in an uncontested divorce?
Hiring a lawyer for an uncontested divorce
Though contested divorces require much more time and money, that doesn’t mean you should skip the process of hiring a divorce lawyer if your matter is uncontested. A divorce lawyer can help you understand your options and help you advocate for what you want. They can help draft the formal agreement documents and ensure everything is properly filed and submitted to the Court. Using online form agreements can cause bigger problems later down the line due to their vagueness, or failure to be complete. Divorce attorneys can help eliminate those future issues by ensuring your agreement is properly written, with specific terms, and clear requirements for both parties.
Your Trusted Georgia Divorce Lawyer
If you’re about to start the process of filing for an uncontested divorce, the law firm of Fennell, Briasco, & Associates is here to help you begin what will hopefully be a more streamlined and effective process. We will be there for you to help with everything from filing your paperwork to helping you understand your rights and the intricacies of the process. If you have questions about uncontested divorces, another area of family law, or are interested in a free consultation, contact our office today: 770-956-4030
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As your local family law attorneys, we can help solve your legal crisis and give you the answers you need. Our family law attorneys will help you with your legal matter. Our experienced attorneys work tirelessly, day in and day out, to help our clients achieve the best possible outcome for their situation.
Uncontested Divorce FAQ
Unfortunately, it varies case-by-case. Uncontested divorces can often be resolved quickly, while contested divorces can take much longer. Beyond the standards of Georgia Law (which states the minimum time period is 31 days), this also varies county-to-county, and sometimes even Judge-to-Judge as to how quickly the process can take before the divorce is final, even in uncontested matters
While it isn’t required, hiring an attorney for assistance with an uncontested divorce is a good idea to ensure that you are meeting all of the legal requirements to make your divorce go smoothly. Our attorneys at Fennell, Briasco, & Associates are experts at the uncontested divorce process and can offer a free consultation.
